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THE NIGERIA LEGAL SYSTEM AND PROTECTION OF MUSICAL 

WORKS: AN OVERVIEW 

  

Onuora-Oguno, Azubike. 
Centre for Human Rights, University of Pretoria 

 

Abstract 

Copyright law is aimed at protecting intellectual product of any 

individual. It is needful that such works must be tangible in its form 

and not otherwise. In Nigeria, several laws exist that are meant to 

protect works recognised to be capable of enjoying copyrights. The 

Copy Right Act, Cap. 68, Laws of the Federation of Nigeria, 1990 as 

amended by the Copyright Amendment Decree No. 98 of 1992 and the 

Copyright (Amendment) Decree 1999, is the primary source for 

protection of Copy Righted works in the country. However, for an 

average Nigerian, it is no longer news that the nation has well-

articulated laws, but very weak enforcement of such laws. This, no 

doubt is causing untold hardship to the citizenry, particularly as it 

relates to the entertainment industry. This paper examines the Copy 

Right Act in Nigeria as it relates to musical works. It examines 

musical works that are eligible for copy rights, basis for registration 

and challenges to the enforcement of the law. It concludes with 

recommendations on how rights of individuals can be protected. 

 

 

Introduction 

Literally copyright seeks to protect the right of an artist in his 

mental resource.1 However, for a work to enjoy copy right it must 

have been reduced to a tangible form.2 It ensures that the economic 

benefit inherent in such works are not illegally tapped into and 

                                                           
 

 

 Awka Journal of Research in Music and the Arts (ARMA) Vol. 10 2014 

 



 
 

33 

enjoyed by anyone who has not been part of such mental productivity. 

In Nigeria, copyright in a work means that its author has the exclusive 

right to control certain rights and benefits in respect of the whole or 

a substantial part of a work, either in its original form or in any form 

recognisably derived from the original.3Works that are eligible for 

protection includes, literary works; musical works; artistic works; 

cinematograph films; sound recordings; and broadcasts.4 In the same 

vein certain works are not eligible to enjoy copy right protection 

especially in the following circumstances; sufficient effort has been 

expended on making the work to give it an original character; the work 

has been fixed in any definite medium of expression now known or 

later to be developed, from which it can be perceived, reproduced or 

otherwise communicated either directly or with the aid of any 

machine or device.5 

Protection of copyrights is not only a municipal law concern as it 

has some international flavours. Nigeria by virtue of its international 

law obligation has signed and ratified several international law 

treatise that protect the copy right of works both within Nigeria and 

outside of Nigeria. Among these treaties are: the Paris Convention for 

the Protection of Industrial Property (ratified September 1963), the 

Berne Convention for the Protection of Literary and Artistic Works 

(ratified September 1963), the Rome Convention (Performers, 

Producers of Phonograms and Broadcasting Organizations) (ratified 

October 1993), the Patent Law Treaty (ratified April 2005), and the 

Patent Cooperation Treaty (ratified May 2005). Nigeria has also 

assumed additional responsibilities by virtue of its membership in the 

World Intellectual Property Organization (May 1993) and the World 

Trade Organization (January 1995).6 

                                                           
 

 

 

 

Onuora-Oguno, Azubike 

 



 
 

34 

Consequently, to be able to enjoy copy right over a work in 

Nigeria, the following criteria must be met, including but not limited 

to; persons who are either Nigerian citizens or domiciled in Nigeria; 

Persons whose works are first published in Nigeria or where it is a 

sound recording made in Nigeria; Persons who are employed to make a 

work in the course of their employment; Persons who are 

commissioned to make a work.7 

The object of Intellectual Property is to protect a work that 

has only an abstract existence and therefore cannot be perceived by 

the senses, unlike a building or a car.8 However, like material goods, 

intellectual creations may be subject to a proprietary right. The 

Principal object of intellectual property is to ensure consumers a 

variety of products at the lowest possible price. Intellectual Property 

law ensures private property rights enabling individual and business 

outfits to appropriate to themselves the value of the information they 

produce and encourage them to produce more.  

There are two main concepts of intellectual property. These 

include the moral and economic right of a work. However it is 

important to note that Copyright is the main aspect of an intellectual 

property that is the right to protect the work of an author in any 

circumstance from invasion.9 

The modern usage of the term intellectual property goes back 

at least as far as 1888 with the founding in Bern of the Swiss Federal 

Office for Intellectual Property (the Bureau fédéral de la 
propriétéintellectuelle). When the administrative secretariats 

established by the Paris Convention (1883) and the Berne Convention 

                                                           
 

 

.  

 

The Nigeria Legal System and Protection of Musical…  

 

http://en.wikipedia.org/wiki/Bern
http://en.wikipedia.org/wiki/Swiss_Federal_Office_for_Intellectual_Property
http://en.wikipedia.org/wiki/Swiss_Federal_Office_for_Intellectual_Property
http://en.wikipedia.org/wiki/Paris_Convention_for_the_Protection_of_Industrial_Property
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works


 
 

35 

(1886) merged in 1893, and adopted the term intellectual property in 

their new combined title.10 

 

Musical Works in Nigeria 

Historically, in Nigeria, the institution of praise- singing and historical 

chant and the role of the praise - singer have normative values but 

the rise of economic flavour to musical works in the country call for 

greater protection.11The Nigeria music industry over the years has 

grown in leaps and bounds. Afro Juju, Highlife, Hip Pop, R & B, Folk 

music’s are few examples of various works that grace the Nigerian 

society. Human beings everywhere demand the realization of diverse 

values or capabilities to ensure their individual and collective well-

being.12 

That musical works are a bundle of intellectual activity is not in 

doubt. The factors that shape the tradition include variations, which 

spring from the creative impulse of the individual or the group.13 

Consequently, it is deducible that musical works enjoy copy right 

protection in Nigeria. In addition, it is noteworthy that the quality of 

a music work does not form a condition precedent to such works 

enjoying copyright. 

 

 

Protecting Musical Works in Nigeria- Challenges 

A musical work is defined as any musical composition irrespective of 

musical quality and includes work composed for musical 

accompaniment.14 The Copyright Act does not necessarily; require 

                                                           
 

 

 

 

 

 

Onuora-Oguno, Azubike 

 



 
 

36 

writing or other graphic presentation, so the above definition would 

have to be fixed in a definite medium of expression. A song will have 

two copyrights: one in the music and one in the words of the song, the 

latter being a literary work. The work must be reduced in writing or 

otherwise, the Copyright, Designs and Patents Act 1988, the UK 

version of the Act gives no guidance as to what a musical work is.15As 

already stated, a work must be complete before it can enjoy 

protection. Thus, where it is incomplete it may not enjoy copy right. 

For instance it has been held that a defendant who had completed the 

writing of the song in his head and put the song into a permanent form 

when the group made the first ‘demo’ tape of the song in the 

recording studio owns the copyright even though the songs was not 

completed yet.16 

Musical works also enjoy copyright before it could be publicly 

performed. Public performance means that a musician or group who is 

not the copyright holder is performing a piece of music live, as 

opposed to the playback of a pre-recorded song. Performances are 

considered "public" if they take place in a public place and the 

audience is outside of a normal circle of friends and family, including 

concerts, nightclubs, restaurants etc. Public performance also includes 

broadcast and cable television, radio, and any other transmitted 

performance of a live song. Permission to publicly perform a song must 

be obtained from the copyright holder or a collective rights 

organization.17 

Copyright protection in Nigeria is regulated by the Nigerian 

Copyright Commission (NCC). However, the Copyright Society of 

Nigeria remains the only government approved copyright management 

organisation for musical works and sound recordings.18 COSON among 

severally statutory obligations has an obligation to undertake 
                                                           
 

 

 

 

The Nigeria Legal System and Protection of Musical…  

 



 
 

37 

collective management of rights in musical works and sound recordings 

by issuing licences for public performance of musical works geared 

towards economic gains. In addition, the commission handles issues of 

royalties for public use of works and sound recordings by both 

organisations and individuals.19As already mentioned in the paper, the 

policy position of Nigeria is highly appreciated especially in terms its 

excellence. However, the implementations remain a grey area and 

major concern to both the players in the music industry and the 

country at large.  

 

 

Challenges to Production of Musical Works 

Several factors indeed are major challenges affecting the effective 

implementation of the copyright regime under the Nigerian Legal 

System. Prime among the factors is non-consultation and lack of 

awareness by the public. The Nigerian Copyright Act was adopted in 

1988 at the height of military rule in Nigeria without any debate or 

discussion. Essentially, the Copyright Act, the primary legislative tool 

for copyright protection in Nigeria today, was adopted without broad-

based public discussion on the necessity for copyright protection or 

the scope of protection that was desirable contrary to paragraph 9 of 

the Adelphi Charter on Creativity, Innovation and Intellectual 

Property which states that in making decisions about intellectual 

property laws, "there should be wide public consultation."20 

Inadequate cost-benefit analysis is the second factor 

identified as militating against copyrights law. An effective 

intellectual property regime must strike an appropriate balance 

between the monopoly powers of creators and the interest of the 

consuming public. In developed countries, the adoption of intellectual 

                                                           
 

 

 

Onuora-Oguno, Azubike 

 



 
 

38 

property laws is usually preceded by a detailed analysis of the cost 

and benefits of protection. Indeed, paragraph 2 of the Adelphi 

Charter states that "the public interest requires a balance between 

the public domain and private rights.  

It also requires a balance between the free competition that is 

essential for economic vitality and the monopoly rights granted by 

intellectual property laws. “Sadly, laws in Nigeria are frequently 

passed without serious attention to the direct and indirect cost of a 

proposed legislation. There is need for serious economic assessment 

of the costs and benefits of copyright protection in Nigeria.21 

Majority of Music work producers never benefit economically from 

their works due to the activities of piracy by the general public who 

do not appreciate the pace of copy right. Importantly, economic 

benefit between the consuming public and performing musician is still 

not yet well conceptualised under the Nigeria Legal System. The third 

factor is lack of public awareness. There is little public awareness or 

understanding of the intellectual property laws in the country. 

Existing laws are not readily accessible even to the educated class. 

The average man on the street is also ignorant of touted benefits of 

intellectual property protection. The Nigerian copyright commission 

admits that lack of awareness about the laws and administration of 

copyright constitutes "a major inhibition to the development of a 

sound copyright system in Nigeria." Meaningful public education at the 

grassroots level must form a critical component of intellectual 

property enforcement in Nigeria.22 

Another factor is corruption and weak custom enforcement. 

Attention must also be paid to the effect of corruption on intellectual 

property enforcement in Nigeria. Responsible agencies are rarely, if 

ever, audited or probed. There is need for accountability on the part 

of agencies challenged with the task of enforcing the country’s 

                                                           
 

 

The Nigeria Legal System and Protection of Musical…  

 



 
 

39 

intellectual property laws. For example, Nigerian ports are the 

principal gateways through which pirated imports come into the 

country and pirated exports leave.23 What has been the record of the 

Nigerian Custom Services in terms of interdiction? How does bribery 

and corruption undermine the enforcement capacity of the Nigerian 

Custom Service or the police?24 An analysis of the performance of 

these agencies is important though beyond the scope of the paper 

Generally, the slow pace of the judicial mechanism under the 

Nigeria Legal System remains a major concern in the quest of the 

judiciary attaining both independence and efficient statutes.25 

Consequently, delays occasioned by numerous adjournments of cases 

on every flimsy excuse kills the quests for justice by Musicians whose 

copy right are infringed upon. Premised on the above is the impact of 

poverty and economic hardship. In most situations the violators are 

large corporations with strong economic base and subjecting the 

artiste to economic loss. In most circumstances other major players 

blacklist sponsorship and production of any out spoken individual bold 

to challenge the violation of his rights.   

 

 

Life Span of Copy Right Works in Nigeria 

In countries party to the Berne Convention, and in many other 

countries, the duration of copyright provided for by national law is as 

a general rule the life of the author plus not less than 50 years after 

his death. The Berne Convention also establishes periods of protection 

for works such as anonymous, posthumous and cinematographic works, 

where it is not possible to base duration on the life of an individual 

author. There is a trend in a number of countries toward lengthening 

the duration of copyright. The European Union, the United States of 

                                                           
. 

. 

 

Onuora-Oguno, Azubike 

 



 
 

40 

America and several others have extended the term of copyright to 

70 years after the death of the author.26 The rules for determining 

the duration of copyright depends on the nature of the work in 

question, but as a rule of thumb, copyright lasts for the life of the 

author plus 70years for literary, dramatic, musical and artistic work, 

at least 50 years for sound recording, 50years for broadcast. The 

owner of the copyright in a work may decide to exploit the work by 

the use of one or more contractual methods. He may however grant a 

license to allow another person to carry out certain acts in relation to 

the work, such as making copies. This notwithstanding, he still retains 

the ownership of the work. He could also transfer the ownership of 

the work to another by relinquishing the economic right in the work. 

 

Remedies 

When a copyright in a work is breached in Nigeria, the musician has 

certain remedies available to restore parity in his economic loss. Some 

of the rights include the autonpillerorder,27 marievain junctions- this 

remedy finds expression in the case of Mareva Compania Naviera SA 
v. International Bulk Carriers SA,28Interim Injunctions,29 and 

accounts of profits.30Section 15 (3) of the Copyrights Act, 1990 

provides for claims of damages. Other discretionary remedies also 

exist31 and may avail the copyright owner depending on the 

circumstance of each case. 

Conclusions 

It is concluded that under the Nigeria Legal System, the copyright 

dispensation finds a firm footing. The challenges are not in the law 
                                                           
 

 

 

 

 

 

. 

The Nigeria Legal System and Protection of Musical…   

 



 
 

41 

rather in implementation. Nigeria has ratified several international 

treatise aimed at protecting copyright of music works in Nigeria. It is 

to be noted that making a new performing edition of an incomplete old 

work of music out of copyright may itself be worthy of copyright 

protection even if few or no new notes are added.32To effectively 

protect creative works generated by the entertainment industry, the 

government must address the widely held belief that intellectual 

property protection is a Western concept irrelevant in Africa. Debate 

about whether and to what extent Nigerian artists and musicians 

deserve copyright protection must be divorced from the broader 

debate about the merits and demerits of global strengthening of IP 

rights. The government must also seriously address the numerous 

factors that undermine effective enforcement of laws in the country 

including corruption, lack of coordination among the responsible 

agencies, lack of accountability, and lack of resources. However, for 

enforcement to make sense and be effective, the underlying law must 

be appropriate, balanced, understood by the general public, and a 

product of broad-based debate and participation.33 

Conclusively, musical works despite its quality but meeting the 

standards already enumerated by the Nigerian Copy Right Act has an 

inherent copy right protection. In addition, performing rights are the 

rights to perform music in Nigeria. Where this performance belongs 

to a different individual other the performer royalties are payable to 

such artiste in whom the copyright resides. Nigeria's largest 

copyright owner, the Musical Copyright Society Nigeria (MCSN) is 

determined to partner with producers and distributors at the popular 

Alaba international market to get rid of the notorious 'haven of 

counterfeiting and pirates' tag it had endured over the years. 

                                                           
 

 

 

Onuora-Oguno, Azubike 

 



 
 

42 

Hopefully, by educating and licensing producers and distributors with 

genuine interest in the protection of copyright.34 

 

Recommendations 

Nigeria can be a better a place only and only if the authorities 

concerned could take responsibility as to effectively enforce the 

already existing laws. When this is done, the country will be a safe 

haven for people who have been endowed with high intellect to display 

their wisdom in moving the country forward. 

A synergy between music producers and the Nigeria Bar 

Association should be encouraged. It remains disappointing that 

Intellectual Property remains a grey area in the study of law in 

Nigeria at all levels. It would therefore be a welcomed development if 

specific continuing legal education is put in place for Legal 

practitioners, students and stakeholders in music and entertainment 

industry. The role of the enforcement agencies must also be reviewed 

to ensure greater efficiency. Cooperation between the Nigerian 

customs and the Nigeria Police must find a high thrust to ensure the 

restoration of dignity and integrity for better performance. Finally, 

the Nigeria populace must embrace the realities of the importance of 

protecting the economic interest of copyrighted music works by 

ensuring they do not encourage piracy and also reporting suspected 

activities to the relevant authorities. 

 

References 

 

Bainbridge, D.I (2007). Intellectual Property (Sixth Edition) Pearson  

Education Limited. 

Marett, Paul (1996).Intellectual Property Law, London: Sweet & 

Maxwell. 

                                                           
 

The Nigeria Legal System and Protection of Musical…  

 



 
 

43 

Okafor, R.C(2005).Music in Nigerian Society, Enugu, New Generation 

Publishers Ltd. 

Cornish,W and Llewelyn, D (2007).Intellectual Property: Patents, 

Copyright, Trademarks and Allied Rights (Sixth Edition) London: 

Sweet & Maxwell  

Osinbajo,Y and Fogam, K(1991) Nigerian Media Law, Lagos: Gravitas 

Publishers. 

 

Cases 

Anton Piller kg v. Manufacturing processes ltd (1976) 1 CH. 55 

Donoghue v. Allied Newspaper (1938) Ch. 106 at 109, 

Elanco v. Mandops (1980) RPC 213. 

Hadley v. Kemp (1999) EMLR 589. 

Kotoye v. CBN (1989) 1 NWLR pt 98 pg. 419 

MarevaCompaniaNaviera SA v. International bulk carriers SA (1980) 1 

ALL ER 213 Potton ltd v. Yorkclose ltd (1990) FSR 11 

 

Internet Articles and Sources 

Olowu B, Nigeria Protecting and enforcing trademarks and copyrights. 

Available athttp://www.ehow.com/facts_5171393_music-

performance-copyright-laws.html  (accessed September 21, 

2013).  

http://www.nigerianlawguru.com/articles/intellectual%20property%20

law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%

20AND%20COPY%20RIGHTS.pdf, (accessed 20 September 

2013). 

Justus A. Sokefun, An overview of the Protection of Intellectual 

Property in Nigeria: The Nigeria Journal of Private and 

Onuora-Oguno, Azubike 

 

http://www.ehow.com/facts_5171393_music-performance-copyright-laws.html
http://www.ehow.com/facts_5171393_music-performance-copyright-laws.html
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf


 
 

44 

Commercial Law, Vol.2 (2001) OlabisiOnabanjo University, Ago-

Iwoye. 

Onuora-Oguno, N. C &Onuora-OgunoAzubike,  (2013) Uncensor the 

Minstrel, UnCage Human Rights: A Case for the Emancipation of a 

Music Genre in Igboland.Centrepoint Journal of Humanities, 
University of Ilorin Press. 

Olusola A, Intellectual Property Protection in Nigeria: The Position of 

the Law on Copyright infringement and Protection, available at 

http://www.ngex.com/reports/intellectual_property%20.pdf 

(accessed 20 September 2013). 

http://hss.fullerton.edu/linguistics/cln/SP10PDF/Ogaga-

muspoetry.pdf. (Accessed 20 September 2013). 

http://www.nigerianlawguru.com/articles/intellectual%20property%20

law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%

20AND%20COPY%20RIGHTS.pdf. 

http://www.nigerianlawguru.com/articles/intellectual%20property%

20law/PROTECTING%20AND%20ENFORCING%20TRADEMARK

S%20AND%20COPY%20RIGHTS.pdf. 

http://www.tribune.com.ng/index.php/tribune-law/9363-enforcing-

copyrights-law-in-nigeria. 

 

Statutes 

Section 1 Copy Right Act, CAP 69 as Amended. 

The Copyright, Designs and Patent Act 1988. 

 

 

 

The Nigeria Legal System and Protection of Musical…   

 

http://www.ngex.com/reports/intellectual_property%20.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.nigerianlawguru.com/articles/intellectual%20property%20law/PROTECTING%20AND%20ENFORCING%20TRADEMARKS%20AND%20COPY%20RIGHTS.pdf
http://www.tribune.com.ng/index.php/tribune-law/9363-enforcing-copyrights-law-in-nigeria
http://www.tribune.com.ng/index.php/tribune-law/9363-enforcing-copyrights-law-in-nigeria

